What is violence against children? Administrative penalties for act of violence against children in Vietnam

What is violence against children? Administrative penalties for act of violence against children in Vietnam (Internet image)

1. What is violence against the child?

According to Clause 6, Article 4 of the Children Law 2016, violence against the child refers to acts of:

- Maltreating, persecuting or beating a child;

- Taking physical abuse or causing harm to the child’s health;

- Reviling or offending honor or dignity of the child;

- Segregating, driving the child away and other deliberate acts that cause physical and mental harm to the child.

2. Administrative penalties for violation of regulations on violence against children in Vietnam

According to Article 22 of Decree 130/2021/ND-CP, the penalties for acts of violating the provisions on prohibition of violence against children are as follows:

- A fine ranging from VND 10.000.000 to VND 20.000.000 shall be imposed on:

+ keeping children in hunger, thirst, or poor personal hygiene conditions; keeping children in toxic, hazardous environment or otherwise mistreating children.

+ inflicting mental damage, offending dignity, self-esteem, insulting, scolding, threatening, or isolating children thereby hindering child development;

+ isolating, ejecting, other employing punishments to teach children in a way that causes physical or mental damage to children;

+ regularly threatening children with images, sounds, animals, or objects that fright or cause mental damage to children.

- Remedial measures:

+ Mandatory payment of medical examination and treatment costs (if any) for children in case of violations under Clause 1 of this Article;

+ Mandatory disposal of items causing harm to children’s health for violations under Point d Clause 1 of this Article.

3. Prohibited acts in Vietnam

According to Article 6 of the Children Law 2016, prohibited acts against children include:

- Deprive children of right to life.

- Neglect, abandon or engage in children trafficking, kidnap, swap and appropriate children.

- Involve in child sexual abuse, use violence against children, abuse or exploit children.

- Organize, support, incite or force the child to engage in child marriage.

- Use, persuade, incite, excite, entice or force children to commit violations against the law, or offend honor or dignity of other person.

- Prevent children from exercising their rights and responsibilities.

- Fails to provide or conceal or preclude the provision of information concerning children who are abused or threatened to be exploited or suffered violence to their families, educational establishments or competent agencies and officials.

- Discriminate against children on the grounds of their personal characters, family background, sex, race, nationality, belief or religion.

- Sell or facilitate children in drinking alcohol or beer, smoking and using addictive substances or other stimulants, and unsafe foods which may cause harm to children.

- Provide internet service and other services; produce, reproduce, release, operate, disseminate, possess, transport, store and trade in publications, toys, games and other products whose contents cause adverse influence on children’s healthy development.

- Announce or disclose information about the privacy or secret of the child without the consent of the child who is enough 07 years old or older, or the consent of the child’s parent or guardian.

- Make corrupt use of the child surrogate care to harm such child; take advantage of state policies and aid granted by organizations or individuals to seek private profit.

- Build service facilities, production establishments or warehouses storing goods that cause environmental pollution, toxic chemicals or inflammables near facilities providing children protection services, educational establishments, health establishments, cultural establishments, children’s entertainment and amusement centers or vice versa.

- Encroach or use facilities that serve children’s study, entertainment and other children protection services for purposes other than those regulated or illegal purposes.

- Refuse, fail to perform or perform in insufficient untimely manner the support, intervention or treatment for children who are threatened to be or in peril, and whose body, honor or dignity are harmed.

Based on the above provisions, violence against children is a prohibited act under the Children Law 2016.

Van Trong

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